RUMA BHATTACHARYA Vs. SUMITA BANERJEE

JUDGEMENT

(1.) The revisional application has been filed challenging an order dated April 18, 2023, passed by the learned Additional District Judge, 13th Court at Alipore, District: South 24 Parganas, in Original Suit No.- 39 of 2021.

(2.) By the order impugned, the learned court rejected an application filed by the plaintiff/petitioner, the propounder of the Will of late Dr. Parimal Banerji, seeking leave to appear as a witness at a later stage and for a further direction to summon Santanu Ghosh, an attesting witness, to first depose and prove the Will.

(3.) It was submitted by the petitioner that a declaration by Santanu Ghosh was filed along with the application for probate. As the contesting defendants did not admit the case of the petitioner, the petitioner had the right to begin in terms of Order XVIII Rule 1 of the Code of Civil Procedure. As the declarant/attesting witness signed the declaration, at the request of the plaintiff/petitioner, upon understanding his duties and obligations, the said attesting witness should be summoned first, in order to adduce evidence and prove the Will. For the reasons stated hereinabove, such prayer was made. It was urged that such procedure would be in consonance with the provisions of Sec. 68 of Indian Evidence Act, 1872 and Sec. 63 of the Indian Succession Act, 1925.